BIGHTS OF WAY (CLASS II). 195 



retains a special interest in the timber growing in the town- 

 ship sufficient to recover the value of timber cut and removed 

 therefrom. 



In a suit brought by the United States for that purpose private 

 surveys made by the railroad company can not be introduced 

 as evidence to show that the land from which the timber was 

 cut were odd sections within the grant and included in a 

 conveyance from the railroad company to the defendants. 

 (United States r. Montana Lumber and Manufacturing Co. 

 196 U. S., p. 573. Syllabus.) 



RIGHTS OF WAY (CLASS II). 



Iii accordance with the agreement made by and between the 

 Department of the Interior and the Department of Agricul- 

 ture, paragraph 2 of the circular of February 11, 1904 (32 

 L. D., 481), and paragraphs 3 and 66 of the circular of Sep- 

 tember 28, 1905 (34 L. D., 212), except the last clause in each 

 relative to construction in advance of approval or specific per- 

 mission, which will remain as at present, are hereby amended 

 so as to read as follows: 



Whenever a right of way is located upon a forest or timber-land 

 reserve, the applicant must enter into such stipulation and 

 execute such bond as the Secretary of Agriculture may require 

 for the protection of such reserves. 



This amendment applies to forest or timber-land reserves only, 

 not to national parks. (Circular of General Land Office, April 

 25, 1906.) 





